Son, bank in dispute over deceased parents' property

Kelly Holleran Jan. 13, 2011, 7:00am

The heir of a deceased couple's estate has filed suit against the bank that he claims is attempting to foreclose on their property.

Albert J. White claims his parents, Alfred and Dorothy Mey White, died without a will, causing Albert White to go through probate court to attempt to collect their property.

Since his parents' deaths, however, Albert White has been receiving notices from defendant JP Morgan Chase Bank, which owns the mortgage on the Whites' house, threatening to foreclose on the property, according to the complaint filed Dec. 30 in Jefferson County District Court.

Although Albert White intends to make the required mortgage payments once he acquires his parents' property, he cannot do so until the probate court authorizes him to own the property, the suit states. Therefore, he alleges the bank's threats are defective.

And even if the threats are legal, JP Morgan still violated Texas laws because it did not allow Albert White a 20-day period between the right to cure -- which he received on Dec. 7 -- and the notice of posting and foreclosure -- which he received on Dec. 9, the complaint says.

In his complaint, Albert White alleges wrongful foreclosure and reformation against JP Morgan.

He seeks a declaration of his legal rights, plus actual, consequential and incidental damages. In addition, he seeks a reformation of the loan documents, attorneys' fees, court costs, pre- and post-judgment interest and other relief the court deems just.

Wyatt D. Snider, Justin G. Sanderson and Russell W. Heald of Snider and Byrd in Beaumont will be representing him.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E189-046

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